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Boulder City's attempt to seize the $400,000 home of a woman convicted of misdemeanor drug possession after police found six marijuana plants there has sparked debate in the community over personal property rights versus a need to crack down on drugs.
Boulder City officials are defending their right to file a lawsuit to confiscate the Capri Drive home of 56-year-old Cynthia Warren, who police said was arrested April 13 as part of an undercover investigation. Officials said the charges related to cultivating and selling marijuana out of her residence. She pleaded no contest and was fined $500. Boulder City Attorney Dave Olsen said the lawsuit sends a message that selling drugs in the community won't be tolerated, especially in light of two teenagers who died of drug overdoses in the last two years, even though it is unrelated to the seizure case.
"We have been given a mandate because one or two young people die every year because of drugs," Olsen said. "In a population of 15,000, one or two is unacceptable. "The best way to send a message to folks that drug distribution to young people won't be tolerated is to take away their house. This gets their attention. We are sending a message loud and clear that if you package and distribute drugs from your house, you lose your home. Hopefully, it will act as a deterrent."
Warren declined to comment. Her attorney, John Lusk, of Las Vegas accused the city of going too far in pursuing his client's house, which is nearly paid for, since she pleaded to a misdemeanor possession charge. "You have a person smoking marijuana in their own residence, and they have paid for all but $30,000 of their home they have lived in for ages. That just seems out of whack," Lusk said.
Others who have spoken out against the forfeiture case said it's nothing more than a money grab by the city because if it wins, it would get the proceeds from the auction of the house. Boulder City filed the forfeiture case in District Court to obtain Warren's home on April 21, about a week after her arrest, before the case made it through legal channels. When it received the case from Boulder City Police, the Clark County district attorney's office charged Warren with possession of marijuana with intent to sell and conspiracy to possess marijuana, both felonies, and rejected for a charge police sought of manufacturing and cultivating a controlled substance.
On July 26, Warren ultimately pleaded guilty to possession of drugs not to be introduced into interstate commerce, a misdemeanor. In addition to her $500 fine and 30-day suspended sentence, she is required to complete drug and alcohol counseling.
"For someone to plead to a misdemeanor yet be in danger of losing their entire house does not fit any measure of proportionality," said Allen Lichtenstein, the general counsel for the Nevada ACLU.
Lusk said the pursuit by Boulder City in this case is egregious and said cities and local governments are abusing forfeiture statutes he said are intended to go after major drug dealers. A resident of Boulder City since 1989, Warren, who draws federal disability income, is not wealthy, he said.
Lusk said if Warren was guilty of what Boulder City claims when they arrested her, then why did the district attorney's office accept a plea on a misdemeanor charges.
Olsen, however, said this is more than just a simple case of possession of marijuana, despite the district attorney's office accepting a plea on that charge. He said forfeiture laws aren't tied to the outcome in a criminal case, which have a higher standard of proof, and he said there's sufficient evidence to show the home was used for manufacturing, packaging and distributing marijuana in the community.
The Clark County prosecutor who handled the case was at a conference this week and couldn't be reached for comment. Olsen speculated a plea bargain on the lesser charge was accepted because of the large number of cases the office handles and the priority for murders, violent crimes and much larger drug dealers.
"It was not like it was acres of stuff, but numbers of plants," Olsen said. "They prioritize what goes to court and how they spend their resources. They may have felt this was a reasonable way to resolve it.
"But as far as the city is concerned, we are not taking it lightly. It is a big drug deal as far as we are concerned."
In search warrant documents filed by Boulder City Police, authorities list they confiscated live marijuana plants, lighting and timer systems in a bedroom, a pie tin containing 2 ounces of marijuana and a large plastic bowl containing 2.9 ounces of marijuana on the kitchen table.
There were baggies for narcotics, rolling papers and other paraphernalia found throughout the house and a baggie that tested positive for methamphetamine, according to the report.
There were papers and publications on marijuana growing found in Warren's room and paperwork detailing water and cultivating schedules for growing marijuana found throughout the house, according to the search warrant documents.
The arrest report said police found transaction sheets for selling narcotics and that the home had power bills that were twice or more than neighboring houses. Police said in the report that there's evidence the cultivation of marijuana had been going on for at least one year.
In addition to Warren, police also arrested Joe Ray, 49, who authorities said lived in the home with her. He has pleaded guilty to attempted possession of marijuana, which may either be classified as a gross misdemeanor or felony, and is scheduled to be sentenced on Oct. 5, according to the district attorney's office.
"If she had no knowledge, we certainly don't want to take her house, but we think she knew what was going on there," Olsen said.
One resident who lives in the neighborhood, who didn't want to be identified, said the home had been the center of activity for several months with many people coming and going at all hours.
Warren's plight detailed in the local newspaper has caught the attention of the community who are taking sides on the issue. Olsen said residents have come up to him in grocery stores and at social functions challenging him over the city's right to go after Warren's home.
"I think it has caused some strong reaction," Olsen said. "There is a faction that is very vocal against it. But for the most part, the community is supportive of it. I don't think anybody wishes Ms. Warren any kind of ill will, but we are playing by the rules and trying to be reasonable."
Not everyone in the community, however, shares that sentiment. One resident, Matt Ragan, has even run ads in the Boulder City News seeking to raise money for her legal fight to keep the house, which city officials said has about a $28,000 mortgage remaining on its $400,000 value.
Ragan, a commercial airline pilot, said he doesn't know Warren and isn't advocating the legalization or use of marijuana. He said he's outraged that the city would try to confiscate the home of someone who he maintains is convicted of a crime equivalent to a traffic ticket. He said if she was found guilty of trafficking drugs and purchased the home with drug money, the city would be justified in pursuing the forfeiture, he said.
"The punishment should fit the crime," Ragan said. "This is simple possession. You shouldn't lose your home for that. Where do you draw the line?"
In August 2003, Johnny Aquino, 17, a Boulder City High School football player, died from a cocaine overdose. In June 2004, Jessica Sisney, 16, died of a drug overdose. No one was arrested for supplying the drugs in those cases.
Ragan said he believes the city's seeking Warren's house is the product of hysteria in the community over those deaths of which she has no connection. He accused politicians of "throwing red meat" to their constituents by going after Warren.
Boulder City Mayor Bob Ferraro said the city's lawsuit seeking Warren's home is the right thing to do and sends a message for those dealing drugs in the community. He said he has no tolerance of drugs, even those who are only users.
"I think it sends a message to those dealing in drugs that we are serious and we will confiscate property," Ferraro said.
Under state law, Boulder City would be restricted to using money raised from an auction for narcotics-related uses, which could include equipment and drug-sniffing dogs. Money is also used for undercover buys.
If money accumulated during a year exceeds $100,000, 70 percent of that money would have to go to the Clark County School District if it remains unspent, officials said.
The pursuit of such forfeiture cases by local governments are blatantly used to underwrite their operating budgets, said Gary Peck, the executive director of the Nevada ACLU. Despite changes in the laws earlier this decade that make it more difficult on governments to seize assets, which can includes homes, cash, cars and other property, Peck said authorities have financial incentives to go after assets even if the cases were dubious.
Government should have to meet a high threshold before it can confiscate property, he said.
"If the light were shined on these practices," the public would be angry and upset in this country," Peck said. "In our country you are innocent until proven guilty. A lot of people can't afford attorney's fees, and when someone is threatening to take your house by bullying them, it it difficult to fight."
Newshawk: SirBlazinBowl - 420times.com
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact: letters@lasvegassun.com
Website:Las Vegas Sun Newspaper - Southern Nevada News, Sports, Politics, Entertainment & Opinions -
Author: Brian Wargo
Boulder City officials are defending their right to file a lawsuit to confiscate the Capri Drive home of 56-year-old Cynthia Warren, who police said was arrested April 13 as part of an undercover investigation. Officials said the charges related to cultivating and selling marijuana out of her residence. She pleaded no contest and was fined $500. Boulder City Attorney Dave Olsen said the lawsuit sends a message that selling drugs in the community won't be tolerated, especially in light of two teenagers who died of drug overdoses in the last two years, even though it is unrelated to the seizure case.
"We have been given a mandate because one or two young people die every year because of drugs," Olsen said. "In a population of 15,000, one or two is unacceptable. "The best way to send a message to folks that drug distribution to young people won't be tolerated is to take away their house. This gets their attention. We are sending a message loud and clear that if you package and distribute drugs from your house, you lose your home. Hopefully, it will act as a deterrent."
Warren declined to comment. Her attorney, John Lusk, of Las Vegas accused the city of going too far in pursuing his client's house, which is nearly paid for, since she pleaded to a misdemeanor possession charge. "You have a person smoking marijuana in their own residence, and they have paid for all but $30,000 of their home they have lived in for ages. That just seems out of whack," Lusk said.
Others who have spoken out against the forfeiture case said it's nothing more than a money grab by the city because if it wins, it would get the proceeds from the auction of the house. Boulder City filed the forfeiture case in District Court to obtain Warren's home on April 21, about a week after her arrest, before the case made it through legal channels. When it received the case from Boulder City Police, the Clark County district attorney's office charged Warren with possession of marijuana with intent to sell and conspiracy to possess marijuana, both felonies, and rejected for a charge police sought of manufacturing and cultivating a controlled substance.
On July 26, Warren ultimately pleaded guilty to possession of drugs not to be introduced into interstate commerce, a misdemeanor. In addition to her $500 fine and 30-day suspended sentence, she is required to complete drug and alcohol counseling.
"For someone to plead to a misdemeanor yet be in danger of losing their entire house does not fit any measure of proportionality," said Allen Lichtenstein, the general counsel for the Nevada ACLU.
Lusk said the pursuit by Boulder City in this case is egregious and said cities and local governments are abusing forfeiture statutes he said are intended to go after major drug dealers. A resident of Boulder City since 1989, Warren, who draws federal disability income, is not wealthy, he said.
Lusk said if Warren was guilty of what Boulder City claims when they arrested her, then why did the district attorney's office accept a plea on a misdemeanor charges.
Olsen, however, said this is more than just a simple case of possession of marijuana, despite the district attorney's office accepting a plea on that charge. He said forfeiture laws aren't tied to the outcome in a criminal case, which have a higher standard of proof, and he said there's sufficient evidence to show the home was used for manufacturing, packaging and distributing marijuana in the community.
The Clark County prosecutor who handled the case was at a conference this week and couldn't be reached for comment. Olsen speculated a plea bargain on the lesser charge was accepted because of the large number of cases the office handles and the priority for murders, violent crimes and much larger drug dealers.
"It was not like it was acres of stuff, but numbers of plants," Olsen said. "They prioritize what goes to court and how they spend their resources. They may have felt this was a reasonable way to resolve it.
"But as far as the city is concerned, we are not taking it lightly. It is a big drug deal as far as we are concerned."
In search warrant documents filed by Boulder City Police, authorities list they confiscated live marijuana plants, lighting and timer systems in a bedroom, a pie tin containing 2 ounces of marijuana and a large plastic bowl containing 2.9 ounces of marijuana on the kitchen table.
There were baggies for narcotics, rolling papers and other paraphernalia found throughout the house and a baggie that tested positive for methamphetamine, according to the report.
There were papers and publications on marijuana growing found in Warren's room and paperwork detailing water and cultivating schedules for growing marijuana found throughout the house, according to the search warrant documents.
The arrest report said police found transaction sheets for selling narcotics and that the home had power bills that were twice or more than neighboring houses. Police said in the report that there's evidence the cultivation of marijuana had been going on for at least one year.
In addition to Warren, police also arrested Joe Ray, 49, who authorities said lived in the home with her. He has pleaded guilty to attempted possession of marijuana, which may either be classified as a gross misdemeanor or felony, and is scheduled to be sentenced on Oct. 5, according to the district attorney's office.
"If she had no knowledge, we certainly don't want to take her house, but we think she knew what was going on there," Olsen said.
One resident who lives in the neighborhood, who didn't want to be identified, said the home had been the center of activity for several months with many people coming and going at all hours.
Warren's plight detailed in the local newspaper has caught the attention of the community who are taking sides on the issue. Olsen said residents have come up to him in grocery stores and at social functions challenging him over the city's right to go after Warren's home.
"I think it has caused some strong reaction," Olsen said. "There is a faction that is very vocal against it. But for the most part, the community is supportive of it. I don't think anybody wishes Ms. Warren any kind of ill will, but we are playing by the rules and trying to be reasonable."
Not everyone in the community, however, shares that sentiment. One resident, Matt Ragan, has even run ads in the Boulder City News seeking to raise money for her legal fight to keep the house, which city officials said has about a $28,000 mortgage remaining on its $400,000 value.
Ragan, a commercial airline pilot, said he doesn't know Warren and isn't advocating the legalization or use of marijuana. He said he's outraged that the city would try to confiscate the home of someone who he maintains is convicted of a crime equivalent to a traffic ticket. He said if she was found guilty of trafficking drugs and purchased the home with drug money, the city would be justified in pursuing the forfeiture, he said.
"The punishment should fit the crime," Ragan said. "This is simple possession. You shouldn't lose your home for that. Where do you draw the line?"
In August 2003, Johnny Aquino, 17, a Boulder City High School football player, died from a cocaine overdose. In June 2004, Jessica Sisney, 16, died of a drug overdose. No one was arrested for supplying the drugs in those cases.
Ragan said he believes the city's seeking Warren's house is the product of hysteria in the community over those deaths of which she has no connection. He accused politicians of "throwing red meat" to their constituents by going after Warren.
Boulder City Mayor Bob Ferraro said the city's lawsuit seeking Warren's home is the right thing to do and sends a message for those dealing drugs in the community. He said he has no tolerance of drugs, even those who are only users.
"I think it sends a message to those dealing in drugs that we are serious and we will confiscate property," Ferraro said.
Under state law, Boulder City would be restricted to using money raised from an auction for narcotics-related uses, which could include equipment and drug-sniffing dogs. Money is also used for undercover buys.
If money accumulated during a year exceeds $100,000, 70 percent of that money would have to go to the Clark County School District if it remains unspent, officials said.
The pursuit of such forfeiture cases by local governments are blatantly used to underwrite their operating budgets, said Gary Peck, the executive director of the Nevada ACLU. Despite changes in the laws earlier this decade that make it more difficult on governments to seize assets, which can includes homes, cash, cars and other property, Peck said authorities have financial incentives to go after assets even if the cases were dubious.
Government should have to meet a high threshold before it can confiscate property, he said.
"If the light were shined on these practices," the public would be angry and upset in this country," Peck said. "In our country you are innocent until proven guilty. A lot of people can't afford attorney's fees, and when someone is threatening to take your house by bullying them, it it difficult to fight."
Newshawk: SirBlazinBowl - 420times.com
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact: letters@lasvegassun.com
Website:Las Vegas Sun Newspaper - Southern Nevada News, Sports, Politics, Entertainment & Opinions -
Author: Brian Wargo
